177. The Respondent State did not submit on this point.
***
178. Article 24 Charter states that “[a]ll peoples shall have the right to a general
satisfactory environment favourable to their development”.
179. The Court notes that in SERAC v. Nigeria, the Commission observed that:
The right to a general satisfactory environment under Article 24 of the
Charter, (…) imposes clear obligations upon a government. It requires
the state to take reasonable and other measures to prevent pollution
and ecological degradation, to promote conservation, and to secure an
ecologically sustainable development and use of natural resources.62
180. Similarly, in its General Comment No. 14, the United Nations Committee on
Economic, Social and Cultural Rights (hereinafter referred to as “CESCR”),
defines the right to a healthy environment as including, inter alia, the
prevention and reduction of the population’s exposure to harmful
substances such as radiation and harmful chemicals or other detrimental
environmental conditions that directly or indirectly impact upon human
health.
181. The Court observes that under Article 2 of the Algiers Convention, to which
the Respondent State is a party, it is provided as follows:
The contracting States shall undertake to adopt the measures
necessary to ensure conservation, utilization and development of soil,
water, flora and faunal resources in accordance with scientific principles
and with due regard to the best interests of the people.
182. In the present Application, there is no dispute that the dumping of the toxic
waste caused serious consequences to the environment, including
62
Social and Economic Rights Action Centre (SERAC) and another v. Nigeria (2001) AHRLR 60
(ACHPR 2001), §§ 52-53.
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents